CLA-2-87:OT:RR:NC:N2:201
Yves Lacelle
W2C Customs Trade Management
1919 Lionel Bertrand, Suite 104
Boisbriand, J7H1N8, Canada
RE: The tariff classification of a bicycle and two pedal assist electric bicycles from Canada
Dear Mr. Lacelle:
In your letter dated January 27, 2022, you requested a tariff classification ruling on behalf of your client, Velomtek, Inc. of Beloeil, Canada.
The three (3) items under consideration have been identified as the Model VT1-14s Velomobile, the Model VT1-e-8S Velomobile and the Model VT1-e-14s Velomobile. The VT1 Velomobile has an egg/bubble shaped body shell design. There are two wheels on each end in the front and a center wheel in the back. It has drum brakes, 360-degree LED lighting, adjustable mirrors, horn, puncture resistant tires, electrical assistance as an option, easily accessible rear loading area, increased cornering stability, and quick/easy settings.
The VT1-14s is 100% human powered velomobile, with a c/w 14 speed Rohloff transmission, no motor installed and a 12V-5A Li-ion battery for LED lamps and horn. The VT1-e-8s is a human powered velomobile equipped with a c/w rear wheel motor 500-750 W and regen mode, for electric assistance and a Shimano 8 speed transmission. The motor and LED lamps are powered by a 52V-20Ah Li-ion battery. The VT1-e-14s is a human powered velomobile equipped with a c/w rear wheel motor 500-750W and regen mode for electric assistance and a Rohloff 14 speed transmission. The motor and LED lamps are powered by a 52V-20Ah Li-ion battery.
You state the items have mechanical efficiency, ergonomic, comfortable, spacious, and an easily accessible interior. The bodywork is composite with carbon fiber; and has an integral protection against the elements. The VT1 Velomobile has a two (2) handlebar side steering, a total weight capacity of 120 kilograms (kg.)/264 pounds (lbs.) (rider and luggage); measures approximately 243 centimeters (cm.)/95.5 inches (in.) in length by 75 centimeters (cm.)/29.7 inches (in.) in width by 107 centimeters (cm.)/42 inches (in.) in height.
The net weight is approximately 34 - 45 kilograms (kg.)/77 - 99 pounds (lb.) (based upon configuration). The speed is approximately 35 - 50 kilometers (km.)/hour (hr.). The wheelbase 132 centimeters (cm.)/52 inches (in.). The battery is a lithium-ion (Li-ion) with 52 Volts (V)-20 Amp Hours (Ah) for an e-assist; and 12 Volt (V)-5 Amp Hours (Ah) for a non-e-assist. The other available options include various colors, front wheel covers, visors, and various transmission speeds. You state in your request that models VT1-e-8S Velomobile and VT1-e-14s are equipped with a handle mounted throttle which allows them to be driven solely by the electric motor. Model VT1-14s is equipped with a battery for powering lighting, but is otherwise human powered.
The applicable subheading for the Model VT1-e-8S Velomobile and the Model VT1-e-14s Velomobile will be 8711.60.0090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “Motorcycles (including mopeds) and cycles fitted with an auxiliary motor, with or without side-cars; side-cars: With electric motor for propulsion: Other”. The rate of duty will be Free.
The applicable subheading for the non-motorized, Model VT1-14s Velomobile will be 8712.00.5000, (HTSUS), which provides for “Bicycles and other cycles (including delivery tricycles), not motorized: Other cycles”. The duty rate will be 3.7%.
Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on the World Wide Web at https://hts.usitc.gov/current.
This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).
A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Matthew Sullivan at [email protected].
Sincerely,
Steven A. Mack
Director
National Commodity Specialist Division